Human Rights Watch: Senegal Article 319 Penal Code Stiffens LGBT Penalties

• Human Rights Watch reported on October 12 an escalating repression against LGBT individuals in Senegal, urging authorities to end it.
• On March 11, 2026, Senegal's Parliament amended Article 319 of the Penal Code, doubling the maximum sentence for consensual same-sex relations to ten years and creating a new 'promotion' offense with up to seven years in prison.
• The amendment followed arrests of several men in December 2025 and February 2026, with over 200 individuals reportedly arrested between February and July.
• Detainees have allegedly been subjected to non-consensual HIV tests, leading to concerns from health professionals about medical secrecy and public health.
• Lawyers face professional risks under the new 'promotion' offense, complicating access to defense for accused individuals, while Senegal prepares to host international events like the Youth Olympic Games.

The legislative amendment to Article 319 of the Penal Code, passed with 135 votes in favor, zero against, and three abstentions, effectively doubled the maximum prison sentence for consensual same-sex relations, raising it to ten years.

Human Rights Watch (HRW) issued a detailed communiqué on October 12, condemning what it describes as increasing repression targeting LGBT individuals in Senegal. The organization has urged Senegalese authorities to immediately cease these actions, highlighting a climate of fear that compels LGBT people to restrict their daily activities and forgo their rights to avoid arrest.

This denunciation follows significant legislative changes and a wave of arrests. The Senegalese Parliament amended Article 319 of the Penal Code on March 11, 2026, a move that substantially stiffens penalties for consensual same-sex relations. This legislative action came after a series of arrests, including several men in Thiès in December 2025, followed by twelve more in Dakar in February of the following year. Arrests subsequently spread to other cities across the country, such as Saint-Louis, Rosso, Yeumbeul, and Ziguinchor.

The legislative amendment to Article 319 of the Penal Code, passed with 135 votes in favor, zero against, and three abstentions, effectively doubled the maximum prison sentence for consensual same-sex relations, raising it to ten years. Beyond increasing existing penalties, the new law also introduced a specific offense for the "promotion" of homosexuality, which includes providing support or financial assistance to LGBT individuals or organizations. This new charge carries a potential prison sentence of up to seven years.

Furthermore, the revised legal framework imposes strict limitations on judicial discretion. Judges are now explicitly prohibited from suspending sentences or reducing them below the recommended minimum thresholds, ensuring that convictions under this article result in significant incarceration periods.

HRW reported that it could not independently verify the total number of arrests, but cited two sources for estimates. The African Meeting for the Defense of Human Rights (RADDHO) documented at least 212 arrests between February and July, while the HIV Justice Network reported over 300 arrests during the same period. Among those detained, 82 individuals were initially charged with the "voluntary transmission of HIV," though these specific charges were later dismissed by a court.

Security forces informed HRW that their actions were based on evidence from seized mobile phones, third-party denunciations, or searches of private residences. Detainees have reportedly been subjected to tests without informed consent since February, with their serological status allegedly used to add charges or extend their detention. Health professionals have voiced concerns that these practices violate medical confidentiality and deter patients from seeking necessary care; a doctor in Dakar noted that one-third of HIV patients are no longer attending their appointments, and another practitioner warned that this could escalate into a significant public health crisis if individuals avoid health centers.

In terms of judicial outcomes, a 24-year-old man was sentenced to six years in prison on April 10 by the Pikine-Guédiawaye district court, notably without legal representation. This case, according to local press cited by HRW, represents the sole conviction for "unnatural acts" since February. On August 7, the same court concluded its investigation into the case involving the twelve men arrested on February 9 and 87 others from the same wave of detentions. Twenty-eight of these individuals were acquitted, while 71 remain slated for trial.

The new legal landscape has created significant challenges for legal professionals. HRW highlighted that access to defense is compromised, as several lawyers fear that the new "promotion" offense could expose them to professional, social, and even judicial repercussions. One Dakar-based lawyer shared with HRW that in Senegal, legal practitioners are often associated with the causes they defend, recounting how his own relatives attempted to dissuade him from representing these detainees.

Senegal's current human rights situation also carries international implications. Dakar is set to host the Youth Olympic Games from October 31 to November 13, marking the first time an Olympic event will be held in Africa. HRW emphasized that the Olympic Charter explicitly prohibits discrimination and mandates host nations to uphold human rights. Concurrently, the African Commission on Human and Peoples' Rights is convening in Dakar from October 12 to 21. Larissa Kojoué, an HRW researcher, concluded that the ongoing repression raises serious questions regarding Senegal's adherence to international law, the Olympic Charter, and its own domestic legal framework.

Lawyers defending individuals accused under Senegal's amended Penal Code must navigate significantly increased penalties and the new 'promotion' offense, which poses direct professional risks. Compliance officers for international entities operating in Senegal should assess heightened human rights and reputational risks given the stricter legal framework and reported abuses.

Source: Original reporting via SenePlus